Guardianship of Infants and Child Care (Amendment) Bill 2026: Report and Final Stages
Dail Éireann — 2026-06-17
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Matt Carthy (SF), Cavan-Monaghan

I will make a couple of points. In respect of the three-month provision included in my amendment, I want to restate clearly, as I did to the Minister on Committee Stage, that if this was the big stumbling block I would have quite happily accepted his suggestion to increase the time. To me this is a red herring because it is clearly on the record of the House that there is a willingness to accept it. I do not accept his other arguments in respect of the broader issue here, which is the ability of a single agency. Tusla has told the Oireachtas justice committee this will mean that ultimately it will be down to the call of a single social worker, somebody who in 90% of cases, if not 99.9% of cases, will have the best interests of the child at heart, or at least what they consider to be the best interests of the child at heart. They will make a judgment call. We could have a situation where somebody who is convicted of murdering a parent remains the guardian of the children, where an individual or a small group of individuals in Tusla think this is okay but any other reasonable person outside of that organisation might consider it not to be okay. There is no mechanism in this law for anybody else to make this application. It is not possible for a garda, other family members or interested parties in terms of the well-being of the child. This to me is a lacuna in the law and more than is the case with any of the other amendments, should we get to a point where we could agree to this alone, we would have much stronger legislation that would have a much clearer impetus and support of all concerned.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-06-17/debate/main
Retrieved: 2026-09-21T01:01:09+00:00
Sitting date: 2026-06-17